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显示第 6001–6024 篇,共 24,689 篇文章

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Aug 23, 2016legal-ethics

Breach OF Trust Disbarment FOR Attorneys Misappropriation AND Deceit

Aug 23, 2016legal ethicsdisbarmentattorney-client relationshipcode of professional responsibilitynegligencemisappropriation

Upholding Attorney Accountability: Neglect of Duty and the Attorney-Client Relationship

A lawyer who takes a client's fees but fails to file the case, deceives the client, and misappropriates funds faces the ultimate sanction: disbarment.

Aug 23, 2016administrative lawgrave misconductdishonestycourt personnelcertificate of finalityoca

Court Employee Accountability: Certifying False Documents in the Philippine Judiciary

The Supreme Court holds court employees liable for grave misconduct and dishonesty for certifying spurious decisions, reinforcing public trust in the judiciary.

Aug 22, 2016ejectmentforcible entryunlawful detainerproperty lawcivil procedurejurisdiction

Ejectment Actions: Distinguishing Forcible Entry From Unlawful Detainer in Property Disputes

Learn how Philippine courts distinguish forcible entry from unlawful detainer, and why the complaint's allegations determine jurisdiction in ejectment cases.

Aug 22, 2016conditional employmentemployer-employee relationshipbackground checklabor lawillegal dismissalcivil code

Conditional Employment Offers and When No Employer-Employee Relationship Exists

The Supreme Court clarifies when a conditional job offer, subject to background checks, does not create an employer-employee relationship.

Aug 21, 2016rapeconsentintoxicationrevised penal codecriminal lawsupreme court

Rape of an Intoxicated Victim: Consent and Consciousness Under Philippine Law

The Supreme Court ruled that sex with a woman unconscious or deprived of reason from intoxication is rape, even without force.

Aug 17, 2016criminal-lawdrug-possessionwarrantless-arrestsearch-and-seizureconstitutional-rightsra-9165

Unlawful Arrest Nullifies Drug Possession Conviction Safeguarding Constitutional Rights IN Police Searches

Supreme Court acquits drug possession convict after police conducted warrantless arrest and search without immediacy, violating constitutional rights.

Aug 17, 2016civil-law

Contractual Obligations Enforcing Clean Title Delivery Despite Third Party Claims

Aug 17, 2016ancestral landindigenous peoplesncipjurisdictionipraforum shopping

Ancestral Land Disputes Reasserting Court Jurisdiction Over Indigenous Claims

Philippine Supreme Court clarifies NCIP jurisdiction over ancestral land disputes, reaffirming Lim v. Gamosa and the rule on first-filed cases.

Aug 17, 2016solidary liabilityreal estate contractsforeclosuredeficiency judgmentcivil codeco-sellers

Solidary Liability in Real Estate Contracts: Understanding Co-Sellers' Obligations

When do co-sellers remain liable after foreclosure? The Supreme Court clarifies deficiency obligations, payment application, and solidary liability.

Aug 17, 2016property-lawlease-agreementscontract-interpretationlessor-rightscivil-codeestate-claims

Lease Default and Lessor Rights: Reading Contract Clauses Literally

Philippine Supreme Court ruling on lessor rights upon lessee default, contract interpretation, and enforcement of claims against a deceased lessee's estate.

Aug 17, 2016eminent domainexpropriationexecution pending appealgovernment fundsnapocorjust compensation

Eminent Domain and Execution Pending Appeal: Safeguarding Government Funds

Supreme Court rules discretionary execution pending appeal does not apply to eminent domain proceedings, protecting government funds from garnishment.

Aug 17, 2016statutory raperevised penal codecriminal lawchild protectionsupreme court

Protecting the Vulnerable: Statutory Rape and the Presumption of Incapacity in Philippine Law

The Supreme Court affirms that carnal knowledge of a child under 12 is statutory rape, regardless of force or consent.

Aug 17, 2016administrative lawsalndue processdishonestygrave misconductombudsman

Due Process in Administrative Cases: When a Generalized SALN Is Not Dishonesty

The Supreme Court explains when a generalized SALN amounts to dishonesty, and why public officials must first be given a chance to correct their statements.

Aug 17, 2016civil lawforeclosuredebt settlementinterest paymentssupreme courtdeficiency judgment

Priority of Interest Payments in Foreclosure: When Debt Settlement Falls Short

Learn how the Supreme Court applies Article 1253 in foreclosure cases—payments first cover interest and penalties before principal.

Aug 17, 2016barangay boundary disputelocal government codesangguniang panlungsodjurisdictionrtcresolution

Barangay Boundary Disputes: Why the Sanggunian, Not Courts, Resolves Them First

The Supreme Court clarifies that barangay boundary disputes must first be settled by the sanggunian, not the RTC, under the Local Government Code.

Aug 17, 2016civil-lawcontractsspecific-performancethird-party-complaintobligationsclean-title

Specific Denial: How Philippine Courts Determine Liability in Contractual Obligations

The Supreme Court clarifies when a third-party complaint may be denied and how contractual liability for delivering clean title is determined.

Aug 17, 2016judicial stabilityexecution of judgmentfinal judgmentnon-interferencecivil procedurerule 45

Upholding Judicial Stability: No Interference with Execution of Final Judgments

A losing party cannot file a separate action to stop execution of a final judgment. The proper remedy is before the issuing court.

Aug 17, 2016legal ethicsconflict of interestclient confidentialitycode of professional responsibilitydisbarmentsupreme court

Upholding Client Confidentiality: A Lawyer's Duty in Conflicting Interests

When a lawyer takes on a case against a former client over a deal he oversaw, the Supreme Court says it is a conflict of interest.

Aug 17, 2016criminal lawbouncing checks lawbp 22supreme courtpenaltiesjurisprudence

B.P. 22 Penalties: Supreme Court Tempers Imprisonment for Bouncing Checks

The Supreme Court clarifies that imprisonment for B.P. 22 violations must be proportionate and not excessive, modifying a 51-year sentence.

Aug 17, 2016labor-lawillegal dismissalseparation payreinstatementservice incentive leavetermination disputes

Reinstatement vs Separation Pay: Clarifying Rights in Termination Disputes

The Supreme Court clarifies when separation pay is proper in termination disputes, and when reinstatement—not cash—is the correct remedy.

Aug 17, 2016parricidecircumstantial evidencedomestic violencecriminal lawrevised penal codesupreme court

Circumstantial Evidence and Domestic Violence in Philippine Parricide Cases

How the Supreme Court upheld a parricide conviction based on circumstantial evidence, including prior domestic violence, in People v. Tayao.

Aug 17, 2016civil lawsolidary obligationcontract to sellapparent authorityhlurbsubdivision law

Solidary Liability in Subdivision Sales: AFP Retirement System v. Sanvictores

Supreme Court holds co-sellers jointly liable under Contract to Sell, explaining solidary obligations and apparent authority under Philippine law.

Aug 17, 2016criminal lawstatutory raperevised penal codesupreme courtevidencedue process

Protecting the Accused: The Limits of Unpleaded Allegations in Rape Cases

The Supreme Court clarifies that convictions for statutory rape rest on age and carnal knowledge, not on unpleaded details like force or location.